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(영문) 광주지방법원순천지원 2015.08.19 2014가단21575
구상금
Text

1. The Defendant shall pay to the Plaintiff KRW 31,150,000 and KRW 25,000 among them, annually, from March 29, 2006 to November 11, 2014.

Reasons

The following facts can be acknowledged in full view of the statements in Gap evidence 1 through 3, witness D's testimony and the whole purport of the pleading, and the statement in Eul evidence 1 alone is insufficient to reverse it.

① On October 13, 2000, the Plaintiff borrowed KRW 50 million from D with interest rate of 6% on October 31, 2002, and used the said money as joint business operators with the Defendant.

② On January 17, 2002, the Defendant agreed with the Plaintiff that one half of the above loans shall be liable until October 2002.

③ Around 204, the Defendant promised to repay debt to D on the job of the Plaintiff, D, and D, but failed to comply with it. Ultimately, the Plaintiff repaid to D the principal amount of the Defendant’s share over five times from June 7, 2003 to March 28, 2006 and interest KRW 6,150,000 until that time.

According to the facts acknowledged as above, the Defendant is obligated to pay the Defendant’s share of KRW 350,000,000 (= KRW 25,000,000) paid by the Plaintiff to the Plaintiff and the principal KRW 25,000,000,000,000,000 per annum from March 29, 2006 to November 11, 2014 (the service date of payment order) to the Plaintiff, 6% per annum, and 20% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment.

The plaintiff's claim is justified and accepted.

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